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Category: Employment


Published: 31 March 2020

Wages Claims

Your Wages – Advice by phone, Facetime & Zoom

If your employer doesn’t pay you what you are owed, this is a breach of contract. However, you always should try and sort the matter out with them informally before bringing a case. But always do so in writing, for example via email. This is form of Grievance. And don’t delay – if you leave it too long, you could lose important rights to take it further. The fact that you have put in writing will help, but you might still face arguments that your case is ‘time-barred’ if you don’t bring a claim within a maximum of three months.

Unlawful Deduction

If you do need to make a claim, you will be asked which category this claim falls into – if it’s a shortfall in your pay, this is classed as an unlawful deduction from wages. This also applies to any failure to pay holiday pay, notice pay or sick pay. This way means you don’t have to resign to pursue a claim – you remain an employee and the Employment Tribunal has to then decide who is in the right.

Counterclaim

However, you should be aware that your employer can also claim that you owe them money – e,g. for training costs, previous overpayment, and this will be heard at the same time as your claim, and potentially deducted from what you are owed.

Constructive Dismissal

A dispute about a particular payment does not have to bring the employment to an end but a wage cut being imposed without your agreement could – this would give you the option of resigning, and making an additional claim of constructive dismissal. But these claims are very often not straight-forward and advice should always be taken first.

Advice

Livingstone Brown have three experienced employment lawyers ready to give immediate advice on the many work-related issues. Being unable to meet clients in person just now does not stop us giving advice – our lawyers can meet with you by videoconference or speak to you by phone.

Calls will be returned the same day and we can give an instant decision. Call 0141-429-8166 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

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